Opinion
09-cv-98-bbc.
May 19, 2009
ORDER
Plaintiff Cesar R. Banks is proceeding on his Fourteenth Amendment procedural due process and equal protection claims against defendants. Now before the court is plaintiff's motion to compel to "produce for the courts viewing, copying and inspection the recorded tape or disc of the fight that took place on November 16th 2008 . . ." Defendants have responded to the motion.
Plaintiff's motion to compel is premature. After defendants answer plaintiff's complaint, I will hold a preliminary pretrial conference at which time I will explain the discovery procedures to plaintiff, including requests for production of documents under Fed.R.Civ.P. 34. A request under this rule must be filed before plaintiff may move to compel production of the item requested. Accordingly, plaintiff's motion to compel is DENIED because it is premature.